Analysis Of Discretion On The Administrative Punishment Of Traffic Management

Modern administrative law comes into existence and is developed during the process of gradual expansion and reinforcement of administrative freedom judgment rights. The administrative discretion is the core of the administrative power and the main form of its expression. The complexity of the administrative power makes the administration discretion extensively exit in the field of the administration, and become important sign of the contemporary development administrative law too. In order to guarantee the administrative efficiency, to meet the needs of the modern administration and to realize the administration of the state according to law, the administrative discretion easily causes the abuse of the administrative discretion. The abuse of the administrative discretion must infringed upon the legal rights and interests of the opponents of the administrative person and then becomes the threads to the administration of the state according to law. Montesquieu once said: It is easy to misuse rights for anyone who owns it, which is acknowledged by most people. And this kind of person use power until they meet the limit."As one of the most active facts, administrative discretion has become a very important component of administrative power and a significant sign of the development of contemporary administrative law. Phenomenon managing the upper, easier to appear administration law enforcement officials who inflicts punishment on the discretion exercising especially in traffic administration abusing a discretion's.Therefore, the administrative discretion, especially in the traffic control,must be controlled. The administrative discretion must be controlled. The modern administration law is exactly developed in the process of the enlargement of and the control of the administrative discretion. In order to prevent administrative discretion from being abused, all kinds of treasure must be taken, which has been not only one of the important tasks of the administrative law but the problem the administration needs to solve. This thesis takes the methods of the integration of the theories and the practice, and the comparatives analysis to analyze and study the control of the administrative discretion. It contains three parts:The first part discussed the theories of f the administrative-punishment discretion.The second part analyzes the questions of the traffic's administrativepunishment discretion of the. It includes the kinds of the discretion, the forms and damages of the discretion's abuse.The third part put forward three ideas: perfecting the administrative legislation, strengthening the administrative self-control, improving the judicial control in order to perfect the design of it. However, the supervision and control is only the means but not the end, whose essential aim is to bring the administrative-punishment discretion of the traffic to full play and give impetus to the development of the rule by law in our country.I believe, the discussion about the power of administrative discretion in academic circles has just begun, and the burden is heavy and the road is long, so I choose this proposition as my postgraduate paper, the aim of which is to devote what I can to the research of the power of administrative discretion.